Board of Adjustment

For questions or to file an appeal contact the Town Planner at 970-587-4664.

Powers and Duties
The Board of Adjustment shall have the following powers and duties:

(1) Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of Zoning Chapter 16.
(2) Referred Matters. To hear and decide all matters referred to it under the provisions of Zoning Chapter 16.
(3) Variances. To authorize upon appeal in specific cases such variances from the regulations or provisions of Zoning Chapter 16 as will not be contrary to the public interest, where due to special conditions a literal enforcement of the provisions of Zoning Chapter 16 would result in unnecessary hardship; so that the spirit of Zoning Chapter 16 shall be observed, public safety and welfare secured, and substantial justice done.

In granting any variance, the Board of Adjustment may impose such conditions and requirements with respect to location, construction, maintenance and operation, in addition to any which may be stipulated in Zoning Chapter 16, as deemed necessary for the protection of adjacent properties and the public interest and welfare. Violation of such conditions and requirements, when made a part of the terms under which the variance is granted, shall be deemed a violation of Zoning Chapter 16 and shall be punishable under this Code.

Decisions of the Board of Adjustment
(a) In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of Zoning Chapter 16, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have powers of the administrative official from whom the appeal is taken.
(b) The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under Zoning Chapter 16, or to effect any variation in the application of Zoning Chapter 16. The grounds of every such determination shall be stated in writing.

Procedure
(a) Filing:
(1) Appeals to the Board of Adjustment concerning interpretation or administration of Zoning Chapter 16 may be taken by any person aggrieved, or by any officer, department or board of the Town affected by any decision of the administrative official.
(2) Such appeals shall be taken within a reasonable time, by filing with the administrative official and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The administrative official shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken.
(b) Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the administrative official from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him or her that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.
(c) Hearing. The Board of Adjustment shall give notice and hold a public hearing on the appeal as provided in this Code. At the hearing any party may appear in person or by an attorney representing him or her. The Board of Adjustment shall set forth its decision in writing within fifteen (15) days after completion of the hearing on the appeal.